Patna High Court
Aman VishwakarmaversusThe State Of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that the petitioner is entitled to bail, directing his release on bond with sureties.
Summary
The petitioner, Aman Vishwakarma, was named in a complaint (Case No. 1038 of 2023) alleging offences under Sections 323 and 498A of the IPC for mental and physical cruelty linked to dowry demands. He had previously obtained bail in a related FIR (Case No. 555 of 2023) and was paying interim maintenance of Rs. 3,000 per month. The complainant’s mother, who received the notice, did not appear before the court. The learned APP opposed bail, but the court observed that the cruelty allegations were vague and that bail had already been granted for the same conduct in the earlier FIR. Consequently, the court ordered the petitioner’s release on bail, subject to a bond of Rs. 10,000 with two sureties, invoking the inherent powers of the High Court under Section 482(2) of the BNSS.
Issues considered
- Whether bail should be granted in the complaint case despite prior bail in a related FIR
- Whether the allegations of cruelty and dowry demand are sufficiently specific to deny bail
Legislation cited
- Indian Penal Code — s. 323, 498A
Subjects
- bail
- dowry harassment
- cruelty
- IPC
- Section 323
- Section 498A
- Section 482
- interim maintenance
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50866 of 2024
Arising Out of PS. Case No.-1038 Year-2023 Thana- AURANGABAD COMPLAINT CASE
District- Aurangabad
======================================================
Aman Vishwakarma Son of Ramrekha Vishwakarma R/O Vill.- Mastul, Barun
P.s.- Barun, Dist.-Aurangabad
... ... Petitioner/s
Versus
1. The State Of Bihar
2. Anushka Devi W/O Aman Vishwakarma D/O Ramnandan Vishwarkarma
R/O Vill.- Mastul, Barun P.s.- Barun, Dist.-Aurangabad, At Present R/O
Vill.- Kunda, P.s.- Mufassil, Dist.- Aurangabad.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar Singh, Adv
For the Opposite Party/s : Ms. Asha Devi, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
4 29-01-2026 Heard the parties.
2.The petitioner is named in the complaint case and
apprehending his arrest in connection with complaint Case No.
1038 of 2023 registered for the offences punishable under
Sections 323, 498A of IPC.
3. The allegation against petitioner is to commit
mental and physical cruelty upon complainant due to non-
fulfillment of demand of dowry.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that subsequent to this complaint
petition, the complainant lodged another FIR also for same
Patna High Court CR. MISC. No.50866 of 2024(4) dt.29-01-2026
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allegation which was lodged as Barun P.S. Case No. 555 of
2023 on 08.11.2023 in which petitioner was granted bail by
one of the learned Co-ordinate Bench of this Court through
Cr. Misc. No. 51743 of 2024 dated 16.01.2025. It is pointed
out that in terms of court order, petitioner is regularly paying
Rs. 3,000/- per month as an ad-interim maintenance. While
concluding argument, it is submitted that allegation qua
committing mental and physical cruelty and also demanding
dowry appears very much general and omnibus in nature.
5. It is further pointed out that notice as issued to
complainant was received by her mother with whom she is
residing and for said effect jointness qua O.P. No. 2 with her
mother was filed on affidavit.
6. Considering aforesaid, notice deemed validly
served upon O.P. No. 2.
7. Despite of service of notice none appeared on
behalf of complainant/O.P. No. 2.
8. Learned APP opposes the prayer of bail.
9. In view of aforesaid factual submission and by
taking note of fact as petitioner already granted bail regarding
Patna High Court CR. MISC. No.50866 of 2024(4) dt.29-01-2026
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same occurrence for which a separate FIR was lodged by the
complainant subsequent to lodging this complaint petition as
discussed aforesaid, coupled with the fact that allegation qua
committing cruelty is appearing very general and omnibus in
nature, accordingly petitioner above-named, in the event of
his arrest or surrender before the court below within a period
of four weeks, is directed to be released on bail, furnishing
bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction of the
learned CJM, Aurangabad/concerned Court, where the case is
pending in connection with complaint Case No. 1038 of 2023,
subject to the conditions as laid down under Section 482(2) of
BNSS.
(Chandra Shekhar Jha, J.)
Sudha/-
U T
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